The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-06-16
Interstate Commerce-An Important,
Decision.

Decision.
WASHINGTON, June 15.-The Inter-
state Commerce Commission rendered
tonight the long expected decision
upon the fourth section of the inter
state commerce act, which prohibits a
greater charge for transportation of
passenger and property over shorter
than q longer distance in the same
direction under substau tally similar
circumstances and conditions. The de-
cision is made upon the petition of the
Louisville & Nashville and other rail
road companies, which were among the
FIRST to apply for relief from the opera
ton Of the fourth section of the law.
The decision Is very long, comprising
more than 1900 words, but the most
important feature is the announce
ment that the commission, after mature
consideration, is satisfied the statute
does not require it to prescribe in
every instance of an exceptional case,
and grant its order Ior reli (
before the carrier is at liberty in
its tariffs to depart from the general
rule. The carrier must Judge for
itself what are substantially SINH
lirCirCumstanCes and conditions, which
preclude special rate, rebate
or drawback, which is made
unlawful by section D and section A.
since no tribunals empowered to Judge
Tor 1t until after the carrier has acted
and then only for the purpose of de-
termi1ing whether its action constitutes
q violation OF the law. The car
t tH Judges on the peril of
tle consequences, but the special
Late, rebate OF drawback, which it
era is not illegal when it turns out
slst circumstances and conditions are
LoI Such as forbid It; and as Congress
eiIsafly intended this, it must
also, when using the same
words in the fourth section
nave u intended the carrier, whose
iP 5L privilege was in the same way
United - by them, would in the same
I 1ay act upon It's judgment of
a;llung circumstances and condi-
LUIS TyI The commission, therefore
WI not undertake to decide
u advance what constitutes or
wa, sna' does not constitute discTimine-
s nUn, under substantially similar cir
SS s.-S and conditions but will
, I've Inc railroad companies. in fixing
81 irj,I tarlnS, to act upon their own
;,uuIishent, and at their risk on tho
s.Su o OF accountability before
oIe commission and courts in casas
n ,ueie complaint is made bv interested
tS5 OF violation of the law F.
can6 EuIG;anee, however, of the railroad
dscis E;anits, the commission in it's
1s s,5,On "a mas considered at great length
tb Sa' ty all the questions raised Hndar
rso, touT1h section of the law and hos
N 51 1.;lei conclusions which are snmN
q II lSlzed as follows: 'ie Suln-
,so.H;SSI-Ihe prohibitions in tbe forrtb
,5 CCon against 8 greater CHARGE for % :
the ~ Ssr nan Ior longer distance over
ion sane an line, in the same direc
nth, me me shorter being incInded
,hs-aiI, Tue longer distance as ouaIifeG
tn '1 o; are limited to cases in 0 WhieS
sIb,, IaIsV,u.mlstances and conditions Ill
VA 1ssntal Y similar. AO"s are
ca,!r EU,I phrase, under substan.
Ions - ~ circumstances and condi-
he sam M Inc fourth section, is u Sedu IN
Ion am sense as in the second nd son ~
p,obibn;.u. under the qualified forn Sec e
fiass are oa IN the fourth ction - no u
Instance Ieq9 lred to judge in the 6rs.
dssimIIL.,%;ttIn regard to similarity Of - o. ..
d.li9ne 49, ny Oh circumstances and u
oosTge for ora s sPaStio or permit a greater
Respect to IS Judgment of carriers in
Ions are " gu circumstances and co.'s cond II
aothofltyy m not final, but subject c ,n
70 decidss CL the Commission s1 1C' o W me
CommitI,eea Whether an error "b baa courts
'c0 OF whether the - sts has been